Burt: I won't apologize for keeping the OBA accountable

Opposition MP David Burt today said he stood by his statements and  refused to apologize.

Mr Burt said: “The Attorney General’s statement today was merely an attempt to deflect the attention away from himself for not sharing with the people of Bermuda who he received external legal advice from for the controversial settlement that he agreed with CS&P.

“Not only do I stand by my statements last week, the Attorney General today confirmed my very position in his own statement. He confirmed the fact that Conyers Dill & Pearman advised the government that  “CS&P were not entitled to claim their entire fee to the end of the construction period.”

Mr Burt added: “My line of questioning was directly related the claim that was made against the government which contained in excess of 1 million dollars related to future work. The government received advice, and the Attorney General confirmed and today said he agreed with the advice received from Conyers Dill & Pearman, that CS&P were not entitled to claim their entire fee.

“There will be no apology from me for doing my job in keeping the OBA accountable. There will be no retraction for sharing important facts with the people of this country. The Attorney General confirmed my position today and I stand by my statement that I made last week.”

Attorney General Mark Pettingill said that Shadow Finance Minister David Burt had told MPs that advice was received to the previous government on the row with architects Carruthers, Shaw and Partners (CS&P) from law firm Conyers Dill and Pearman "which directly contradicts the Attorney General's claim that CS&P's claim against the Government would succeed....."

Mr Pettingill said: “The fact is that Conyers, Dill and Pearman advised the Government precisely the opposite of what the Honourable Member suggested.”

The sacked architects launched a $1.4 million claim against Government for breach of contract, which the OBA administration settled for $700,000.

Mr Pettingill quoted the CD&P advice as saying: “We think it is likely that a court would conclude that the Government was in breach of contract when it terminated the services of CS&P on December 2, 2008.

“There was no allegation that CS&P were themselves in breach of their contract such as to justify termination; simply a statement that their services were no longer required.”

The opinion added: “This breach of contract gives rise to a claim by CS&P against the Government for such damages as they have sustained by reason of the early termination of their contract.”

And Mr Pettingill dismissed a claim by Mr Burt that part of claim by the architects was for $182.000 for anticipated change orders was not valid, according to the CD&P opinion.

But Mr Pettingill said the CD&P advice did not mention such a claim or any anticipated change orders.

Mr Pettingill added: “The fact is that the Honourable Member entirely misled this House and the public of Bermuda by making statements about, and making alleged quotes from a document that were patently false and materially misleading.

“Whether this was intended or negligent as based on what he heard as opposed to what he saw matters not. In my view, it is he who must apologise unequivocally for this and make a retraction to the media and the people of Bermuda.”